Revolutionary War Pension and Bounty Land Warrant Application File S. 18,404, Sinkler Fox, Continental N.H.

SERVICE
Continental N.H.
of Fox, Sinkler
NUMBER
S 18404
CONTENTS
boarded

13 4 19 Ohio Pittsburgh Linker Fox
of Hiltabula C in the State of Ohio. who was a Private in the Co. — commanded by Captain Moore. of the Regt. — commanded by Col. Hack. in the New Hamp. line for 15 mo. & 23 days & continental
$ 52 56/100
Inscribed on the Roll of Ohio Pitts. at the rate of 52 Dollars 56 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of July 1833, and sent to Agent. Moffitt. Pile. Kelloggville Ohio
Arrears to the 4th of March. 1833. — 105 12 Pens-ant. allowance ending 4 Sept 33. — 26 28.
$ 131 40
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M. Palmer Clerk Book 6 Vol. 8 Page 111

Sup o - see letters June 26. 1835 to Pen a/c Penn't Isaac Bennet. Penn. July 18. 1835. - do. to D. Mr. Spencer & Marsh 1836

Lincoln Feb 13 1873 application for Pension

The State of Ohio Ashtabula County
On the 25 th day of September personally ap- peared before
the Court of Common Pleas now sitting Junker J. a resident of Salem in the County of Ashtabula and State of Ohio, aged seventy three years, who being duly sworn, according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed June 7. 1832.
That he enlisted in the Army of the United States the first day of January 1776 with Sergeant Rollins and served in the (No. of Regiment forgotten or never known) Regiment of the New Hampshire line, under the following named officers-
Field Officers: Col. Stark, Col. Poor, Major name forgotten- Company Officers: Capt. Wood Lieut. McC. Gregor, Ensign Evans- Left the service after having served this term, about the middle of February 1777- having served fifteen and one half months. The claim- ant enlisted as above stated for one year, but at Trenton when the year had expired, at the solicitation of one officers, and the represen- tations of danger to the residue of the Army in case of our leaving the service at that juncture the claimant was induced to continue in the service longer-  after the year for which he had enlisted, he continued The claimant also performed one other term of service commencing about the first of August 1777 and terminating about the first of October of the same year, comprising a period of two months- Field officers during this period, claimant has forgotten with the exception of Col. Stickney. Company officers: Capt. Dear- born, Lieut. Lane, D. Lieut. Lane (as he thinks) - At the time of en- listing for the first period of service, and his being called out for, the second, the claimant resided in the town of Raymond, County of Rockingham and State of New Hampshire- The claimant was engaged in a Battle at Trenton N.J. At Princeton the claimant witnessed an action between a division of the Army under the Command of General Washington and the British Army, but the division to which he was attached under the Command of General Sullivan, did not come up with the detachment of British against which when he was directed to move- The claimant was also engaged in a Battle at Bennington Vt. and was amongst

the number that attacked and carried a Breast- work defended by a band of Tories - During the first term of Service the claimant marched across a part of the State of Massachusetts to Winterville near Boston sailed by water From that to New London marched by land and then sailed by water to New York, first, and afterwards to Albany - marched from that place to Lake George, crossed the Lake to Skenesborough - marched thro' St. John's to Champlain Falls Upper Canada, and from the last named place, sailed by water to Sorel - The claimant then returned by water to Champlain Falls and then marched by land thro' St. John's and Crownpoint to Mount Independence - Sailed from Mount In- dependence to the head of Lake George - disembarked near an old French Fort and marched to Albany - Sailed from Albany down the Hudson river between fifty and an hundred miles, landed, and marched across the Country to Trenton N.J. when he joined the army under General Washington - From Trenton marched to Trenton - then back to Shippensburg - then again to Trenton - from Trenton to Princeton, and from that to Morristown when he was dismissed - During the second term the applicant marched thro' N.Y. or Charles- ton across the Green mountains where thro' Bennington to Stillwater where he was dismissed - The claimant would state, at New York where the troops with whom he marched, were mustered he was judged unfit for service from his size, but the captain to whose company he belonged would not discharge him, but kept him on the roll, until dismissed in February 1777 as above stated - Whether his name was taken by the Muster Master he does not know, but whether it was or not, he was regularly enrolled  mustered with the company, and always performed the duties required of a private soldier; in no instance affecting the best favor or exemption from leadership in consequence of the determination of the Muster Master - The claimant recollects, at St. John's, when the army to which he belonged was marching into Canada, the soldiers became infected with the small-pox, a misfortune surely felt the same short time the troops remained in Canada, but more so, when they came to retreat out, pursued by the British forces - clearly become infected, the natural way, many were inoculated, so that by one means or the other, at one time nearly or quite one fourth of the whole number were unfit for duty - On the retreat before the British, the sick more moved with the army until it arrived at Chimney Point, opposite Crownpoint, where the Regiment to which the claimant belonged, and he thinks one other regiment, remained until all the soldiers were which had not before had

And the said Court do hereby express give their opinion after the investigation of the matter, and after putting the interrogatory prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states And the Court further certifies that it appears to them that Jacob Bailey who has signed the preceding certificate is a clergyman, residing in the Town of Kingsville, and that Henry Smith who has also signed the same is a resident in the Town of Salem aforesaid and is a credible person, and that their statement is entitled to credit.
I Samuel Hendry clerk of the Court of Common Pleas of the County of Ashtabula and State of Ohio do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Snicker Hoop for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 25 th day of September A.D. 1832.
Sam. Hendry Clerk

the disease was inoculated and had had time to recover. While the claimant remained at Mount Independence he recollects the American and British fleets on Lake Champlain met, and the former was destroyed. That of all the craft employed on the American side, he recollects of none escaping being cap- tured by the enemy or being burnt by the Americans themselves, except one vessel on board of which the sick were placed before the action, and the wounded were put after the action commenced. At least at an early part of it. That vessel came down imme- diately to Ticonderoga. The General officer at Trenton that laboured the most diligently to induce the further stay of the troops when term of service had expired, was General Sullivan. He was paraded, and addressed by that General who told the troops that the British knew as well as the Americans themselves that their term of service was about to expire, and that no sooner would they commence their return home (if they left then) than the remnant of the Army would be attacked by the the next condition in which the Army would be left, he stated they would be unable to effect any thing against the enemy, and perhaps unable to maintain a position in the vicinity. While paraded the Regiment to which the claimant belongs did not volunteer to remain the time again, but on returning to quarters. Colonel Poor, who was very popular with the troops, visited the soldiers in the tents, and by persuasion induced them to consent to stay.
He received no discharge at either time he left the service, nor does he know that any discharges were given. He has no documentary evidence of his service, nor does he know of any person by whom his service can be proved. He was born in Raymond, Rockingham County in the State of New Hampshire in August 1759, but has no record of his age. He lived in Raymond until the year 1780. He then lived in Grafton, Grafton County of that State until the year 1813, at which time he re- moved to Salem in the County of Washington and

He received no discharge at either time he left the service, nor does he know that any discharges were given. He has no documentary evidence of his service, nor does he know of any person by whom his service can be proved. He was born in Raymond, Rockingham County in the State of New Hampshire in August 1759, but has no record of his age. He lived in Raymond until the year 1780. He then lived in Grafton, Grafton County of that State until the year 1813, at which time he removed to Salem, in the County of Atkinson and State of Ohio, where he has since resided.
He hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares that his name is not on the Pension Roll of any Regency in any State.
his Dox mark
Sept. 25.
Sworn to and subscribed on the day and year of open- said, in Open Court - Attest Sam. Hendy Clerk

13173
Linkler Fox
13.419
A. Hampshire road
F S Evans
Return 16.
Adm 1 year 3 Months 8 23 days
Emuel Mopitt P. M. Kelloggville Ashland Co Ohio
Emuel Mopitt
Post
Return
Ashland Co Ohio

BRIEF in the case of  Sinkler Fox of Salem,  County of Ashtabula  in the State of Ohio  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted 1 st of Jan- ary In 1776 1 1 15 private Gen. { Col. Stark & Poor } N. Hampshire Capt. Stone } S line   performed another term 1 st Aug t until 1 st Octo- ber 1777 { 2 8 5 } See Roll of service " Col. Stickney } " Capt. Doughty } "  
 5. In what battles was he engaged? 
Trenton & Bennington
 6. Where did he reside when he entered the service? 
Raymond, Rockingham Co. N. Hampshire
 7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary 
 8. Are the papers defective as to form or authentication? and if so, in what respect? 
not properly attached
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. S. Wilcox Examining Clerk.
19. Feby 1853

P 18404 INVALID.  one
No. 18404
Sinkler Fox
Rev Rev War
at: June 7 th 82
Vol. 1 , Page 442
[Arrangement of 1870.]

Linkler Fox
more cert: ip? 20 July 1833

5 Ohio A. D. Free The Secretary of War Washington City D. C.

Kelloggsville P. O. June 10th 1833
The Secretary of War
Sir,
It is believed that the application of Mr Fox which is inclosed is now in conformity with the directory from the War Department. If the Certificate is issued you will please direct it to this Office as Mr Fox will more readily obtain it than if sent to any office more remote from him.
Your Ob st Serv t
Samuel Moffitt P.M.
Kelloggsville Ashtabula Co Ohio

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of which require Sinkler further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? No. A
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
134  The applicant is found in the rolls in 1777 90 mos. 22 days and 8 days. His service in 1776 is too early for our rolls.

Hon. Lewis Cass Esq n
Washington City
coadjutant of the
D.C.

25 June 1830.
Pension Office
W. !

Recd 25 June
To the Hon. Lewis Cass - Esq. Secy of War - We the under signers would represent to your Honor that Sinker Fox a pensioner of ashtabula Co Ohio has unjustly and fraudulently obtained his Pension in the first place and that he was not justly entitled to it and that he smuggled his property in to a son - hands of his Wharfmaster bad use of it and his fathers Pension, and that the said Sinker Fox has acknow- ledged that he absconded from the army the even- ing after the taking the Hessians at Princeton and never received his Dis Charge and that in as much as he has obtained it through fraud it would be no more than right to stop it and think it would be for the good of the Publick & Community -
Conneaut June 9 th 1835,
Isaac Bennet David Niles John Thayer George Stark-cather Osborn King Solomon King John W. French Hiram Niles

Where Philadelphia Pa July 6th 1878
The Commission of Pensions Washington City D.C.
Involuntarily opened by the Commission of Pensions Office

Memo July 3d 1835
The Commission of Pensions of the U.S.
In a communication this day received from the War Department under date of June 26th 1835 It is stated that "I was allowed for 13½ months service under Capt Moore of the New Hampshire Line, without any evidence of any kind" and that such service is susceptible of proof & should be produced in every instance. It is stated that such discovery was made by a reexamination of my papers in consequence of a communication questioning the merits of my claim.
In the printed instructions accompanying the Act of June 7th 1832 There appears to be three classes of Soldiers employed in the service of the U.S. during the Revolutionary war from the individual States (viz "State troops" "Militia," and "Volunteers" and it is now at this late period of my life impossible for me to tell to which of these classes I belonged & it also appears by the printed instructions referred to above that there was no Rolls in the Department of any other class (than the Militia) of New Hampshire, so that if I did not belong to the Militia of N. H. no record evidence of my service could be found in the department of course. I will therefore state the facts as plain as I can & ask of the Department to give detailed instructions as to what evidence they will after hearing such statement require from me.

After the Battle of Bunker Hill and on the first day of January 1776 I was enlisted by a sergeant of the name of Rollin or Rollins that I understood belonged to Capt Moore's Company in Col. Stark's Regiment and marched to a place called Winter Hill near Boston where I continued in Moore's Company until the British left Boston. After which I was marched to the City of New York and there on passing muster I was rejected on account of my want of sufficient stature, with two others. Capt Moore persuaded me & the other two to remain in his Company and assured us that we should draw our wages & in every respect be placed on the same footing as the other soldiers who were in his Company, whose stature enabled to pass muster. My term of enlistment was for one year, and at the close of the year of enlistment the Company of Capt. Moore composed a part of the Army then under the Command of Gen. Sullivan at Trenton New Jersey together with the several other Brigades all under the command of General Washington. General Sullivan in a pathetic address to the Soldiers of his Brigade represented the critical State of the Country and the army and that all these facts were within the knowledge of the enemy & such was the effect of his appeal to the patriotism of the soldiers under his command that the most of them enlisted anew for six weeks that being the time by him urged as so important to the cause in which the Army was engaged & I was one who enlisted & served out the term faithfully, at

The close of which I was dismissed from the Army, without any written discharge & returned home. I was in the battle of Trenton (December) when the Hessians were surprised and taken prisoners which was a short time before the enlistment for the year expired. The earliest communication on this subject from the Department will be most acceptable that I may have opportunity to vindicate the justice of my claim & if misrepresentations have been made to the Department I may have an opportunity to refute them
Very Respectfully
Your Ob Servt.
Sinkler his X Fose mark

Conneaut Ohio Dec - 10 th 1835
I Isaac Besmet of the age of Forty six years Do under my solemn oath Depose and say that as near as I can recollect some time in the fall of the year 1828 or 1829 that I was at the house of Chynkler Fox, and was reading the history of the united states and came to a place where spake of some of the Battles of the Revolution war when Mr Fox Related the history of his enlistment he stated that he lived with a man in new hampshire By the name of Cram, that he got some what irritated and left him and joined the army in the spring of the year 1776 that some time in the month of June of the same year they were ordered to march to new york one circumstance he mentioned I well recollect when they came to the north River a prominent old Dutchman who was wealthy wanted to hire him to help him get his hay and harvest and offered to advance money to get him clear from the army, and offer him one of his daughters if he would marry and live with him But he declined saying that Cram would follow him and get his wages He said they then marched on down the River to new york where they stayed until the month of November or Dec I do not recollect which when they went to Pennsylvania where he stayed But a short time when it was proposed to go over the river to Trenton and take the Hessians he stated that they were divided into three Divisions and that the Division that he was with was ordered to cross at Trenton ferry a little Below the village that they never came up until the Hessians had given up so that he never had a chance to fire his gun and after the Battle some time in the afternoon of the same day they went Back to the ferry he had to wait until very near dark when he crossed over the River and he and an other left the army and went home and never had his Discharge he said it was late in the month of Dec some time about one year after I had the first conversation I was at Mr Fox and was a Reading a Book called the history of the world when it mentioned some things about the Revolution of America and Mr Fox Related over the same story and had some sport about not marrying the Dutch girl he said then it was on the 25 th of Dec they went over to take the Hessians and he and an other man left the army in the night of the 26 th of Dec that he was taken with the measles and was shot at his being

left the army and some time said it was late in the month of Dec year after I had the first conversation I was at Mr Fox and was a Reading a Book called the history of the world when it mentioned some things about the Revolution of America and Mr Fox related over the same story and had some sport about not marrying the Dutch girl he said then it was on the 25 th of Dec they went over to take the Hessians and he and another man left the army in the night of the 26 of Dec that he was to go with the Hessians on his way home and suffered much then he spoke of his being out the next year with Genl Stark, But he only went out for six weeks I have since heard at different times heard him relate very near all the same and have heard him say that he could not draw a pension — further more say not —
Isaac Bennett

State of Ohio ss Ashtabula County 3 December 16th 1835
Personally came before me Wm G Sawdett a justice of the Peace in and for said county Isaac Bennett subscribe to the within Instrument of Writing and on his oath did declare the same to be the truth the whole truth and nothing but the truth as he verily believes. Have I certify that from personal knowledge I am well satisfied that the said Isaac Bennett is the same person that the above instrument to a
Wm G Sawdett J Peace

Dec 23
Dec 16
Ohio Sinkler To
Dear
George the Brunk Esq.
Acting Comm. of Friends Washington D.C.

Cassebaugh
Dec 15 th 1835,
W m Geo. W m Crump Esq r Sir
In Answer to yours of the 26 th of Nov I have neglected to answer your request, on account of some of the evidence having gone some considerable Distance from this place I have since seen some of them who promised they would inform you what they knew in Relation to Sinkler Fox, Being not entitled to receive a pension for his service in the Army I have only to say that it is a Lentel way of obtaining Money for a person who is authorized to administer an oath to go yearly to a man who never fired a gun at an enemy and ask him to swear that is a living man and retain a part of his Prof for so doing as the honest Judge L Moffet D r will say further that to my certain knowledge Sinkler Fox has never taken one cent of money that has been paid over for his pension that Samuel Fox and Lem l Moffet make use of his pension and move to draw the money With Regard to Mr Fox, Being entitled to receive a pension or not is not for me to say you can put such construction as you think fit I shall call it a run away scrap at any Rate as you can see By my Deposition which I will give as correct as my memory will serve
Mr George W m Crump Esq r acting Commis r of Pensions Washington City District of Col o
I am Sir your ob t Servant Isaac Bennet

No 76
2 March 1836. Pension Office
Under Mrs
John Wm
18 Pts.
13419
John Wm

Conneaut, Ashtabula County, Ohio, Feb. 17 th 1836.
The Hon. Secretary of War
Sir,
I have thought proper to address you once more on the subject of my claim to a pension. In your letter under date of June 3 rd 1835. you are pleased to say: "In consequence of a communication questioning the merits of your claim to a pension your papers have been re-examined, and it appears that it was admitted without requiring you to produce the best evidence in your power agreeably to the regulations". If I did not produce the best evidence in my power, or did not comply with the regulations, the fact is unknown to me; I thought I did both. But if I did not, I should have took it somewhat kind in you, had you informed me of the deficiency in my application, and not stopped my pension so unceremoniously on the slanderous representations of men who were either misled at the time, or were actuated by feelings of malice to my son, over whose acts I have no controule. In your letter of July 18 th same year, you tell me, "the account you gain of your relations in the service by the Captain under pay & discipline as a soldier, after you had been rejected upon muster, on account of your size, is very extraordinary. The striking fact is wholly omitted in your declarations. You cannot be regarded as a soldier, by the Department, under military obligations unless you pass muster. Thus you will perceive that independent of any objections authorized by the particular information derived from your neighbors you have no claim to a pension." I do not clearly discover the propriety of the course you have taken in this business. According to my understanding of your first letter, the communication from my neighbors led you to a re-examination of my papers and the discovery of an insufficiency in them, upon which insufficiency you were pleased to stop my pension. In the

Second letter you say nothing of this insufficiency, but seize upon a fact furnished you in my letter of July 3 d (Sunning notwithstanding my surpassing muster), and tell me, that that "independ- ent of any objections authorized by the particular information de- rived from your neighbors, you have no claim to a pension."
In the former letter I did not come up to the requirements of the regulations of the Department; in this I did not pass muster, and what else? why from the language of the letter, if this fact had been withheld, the pretext for stopping my pension, would not have been an imperfection in the evidence adduced by me, but "objections au- thorized by the particular information derived from my neigh- bors". But the Department , no doubt understands how it is, —
But you consider my serving in the Army after being rejected on muster An extraordinary fact. In reply to that I can only say it is no more strange than true. Every thing almost at the time I did this extraordinary act, was extraordinary. An extraordinary struggle, An extraordinary enemy to combat, And an extraordinary prize to win. Extraordinary feelings Animat d the friends of freedom, extraordinary sacrifices were called for and made, And many extraordinary acts were performed. — And Amongst the rest I did what you are pleased to honor, by calling it extraordinary. — In short, Sir, the service of the country at the time I acted in such an extraordinary manner, was of such an extraordinary nature, that, as extraordinary as it may appear, it was performed chiefly for the sake of the Country, And not for the pay And rations. — But my neighbors, I am informed, advised you that I de- serted the Army on the eve of a battle. — Of course thro' cowardice.
Do you suppose I did it? Look again at the time at which I claim the 13 th Months Service; look at my service with the militia (of this it seems you have a record), volunteered to meet the well appointed troops of the popular and thitherto successful Gen. Burgoyne. Would a man who had once been so cowardly as to fly his Country, stand on the eve of a battle, be in a short time found volunteering to meet an encounter certain danger? The Smallest and youngest boy in the  the  land  the  land  land  understands that a march against Burgoyne, was a march to battle; and a man whose courage had once failed him, would never have hazarded himself on that service. It is of no avail however for me to reason upon this subject, but I would insist that you give

the accompanying paper An attentive perusal and then a @ido as justice shall seem to dictate - If you can bestow that Attention upon the testimony herewith offered that the wounded feelings of a man who in his youth fought his country's battle but who has been grossly slandered, grossly slandered, would seem to demand, I am con- fident you will acquit me of all intention of imposing upon the War Department. And probably restore my pension - But whether you restore it or not I shall have the satisfaction of having vindicated myself from the aspersions of men unscrupulous or malignant - P.S. I herewith forward a number of papers which I wish your Honor. to peruse - It would be as well to give their contents - Witness to the signature Diana Foy  Leonora Foy
Sinclair his X Foy mark
I would state in behalf of Mr. Foy, that I perused the declaration he made of his services, when he applied for a pension - That I perused the de- clarations of others who are still drawing, And that Foy throughout the whole history he gave carried himself in such a manner, and told his tale with so much simplicity that I considered him as scrupulous and as honest as any man for whom I wrote - With respect to the fact he gives in his letter of his not paying paying taxes, I can state from perfect & distinct recollections, that he stated it to me at the time I was writing his declaration - He mentioned it with all simplicity as he was giving a narrative of his military career; and such was his apparent ignorance at the time, that he did not seem to understand that such a statement might go to prejudice his claim over it made to the Department - I did not tell him that it possibly might, but fearing myself that it would, and thus prove the means of being withheld from an honest man that I considered as certainly his due, I suppressed the fact, without mentioning him know the reason why I did not insert it - Of the credibility of Lemuel Moffett Ashlee Datt And James M. Bluff signers of an accompanying paper you can of ye be proper inquiries of the Hon Elisha Whittelsey of the House of Rep. all of whom are they are also personally known to that gentleman - Mr. Whittelsey also has some knowl- edge of the writer of this - It may be a matter of inquiry why so much in- tent is taken in the case of Foy - The answer is, Foy is returns as honest man - His feelings are deeply wounded by that unfair perusal - For he feels as if the ac- cusation, of  the  assumption of an insinuation, preferred against him was received as true at the War Department and it renders the old man unhappy - Yours Respectfully, - J M Spencer